As ADC ramps up our outreach efforts for our Beyond the Vote Initiative, we want to keep abreast of the latest news on the immigration front. Read the article below to find out more about this new policy enacted June 15, 2012 by the Obama administration.
DISCLAIMER: The following is NOT legal advice. Please consult with your attorney for further details.
By: Elinor K. Tesfamariam, Esq.
President Obama’s decision on June 15, 2012 is welcomed by those who have been waiting for some type of Immigration reform policy. Granted this change in policy does not fix the broken immigration system, however it is an excellent start. In an attempt to keep families together and provide young people the opportunity to live the American dream, the Obama administration today implemented a new policy that would help undocumented young people who entered the United States as children and meet the outlined criteria below.
It is important to note this new policy is not a path to citizenship but it stops the deportation of certain young people and allows qualified undocumented immigrants to obtain work permits.
This new policy allows prosecutorial discretion for undocumented immigrants and allows them to apply for work permit if they meet the following criteria:
(1) At the time of entry to the United States, they were under the age of 16;
(2) currently the undocumented immigrant cannot be above the age of 30;
(3) must have resided in the United States continuously for at least 5 years;
(4) the individual is currently in school; has graduated from high school or obtained GED; or is honorably discharged veteran on the U.S. military and
(5) has not been convicted of felony; multiple misdemeanor offenses, or is not a threat to national security.
Please note this deferred action (a discretionary determination to hold off removal/deportation of an individual) is available to those who are in removal/deportation proceedings as well as those who are not so long as they meet the above requirement. The deferred action will be granted for two years and at the end of the two years there will be an opportunity to renew.
Even though this policy is effective immediately, a proper procedure has not been implemented. All agencies – U.S. Immigration and Customs Enforcement (ICE); U.S. Customs and border Protection (CBP) and US. Citizenship Immigration services (USCIS) are directed to implement this process within 60 days. In the coming weeks, USCIS will outline a proper procedure in order for individuals to start requesting a review of their case. In the mean time individuals may call the USCIS hotline at 1-800-375-5283.